You might have crossed a few ethical lines if you dismiss a case in which the defendant is represented by your son’s law firm.

Federal Judge Richard H. Kyle, Minneapolis, failed to disclose that Medtronic, a defendant in a massive product liability action, was represented by the firm in which his son is a partner.  Judge Kyle dismissed the 700 cases five weeks ago, determining that federal regulation of medical devices pre-empted the state-law, tort-based product liability action. The suits involved Medtronic’s heart device wires, Sprint Fidelis defibrillator leads.  “I never thought about it.  I don’t see that I have a conflict.” Continue reading

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Roland Burris, We Hardly Knew Ye

He seems almost elf-like, this Blago-appointed senator from Illinois.  Teeny-tiny, when his towering attorney stands next to him at the microphones.  Small in stature and even smaller in commanding respect.  Like so many in Washington these days, Senator Burris is in over his head.  Less than one month into his senate tenure, Mr. Burris needs his tall lawyer because he failed to disclose conversations with and about ex-governor Rod Blagojevich when he testified before the Illinois House about his appointment by Blago to the U.S. Senate seat vacated by President Obama.  However, wiretaps don’t lie.  Continue reading

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The Next Time Someone Tells You They Have a Secret Formula . . . Run Away!

The flags are always there, hindsight being what it is.  But, perhaps we could document these flags after the crash and use them proactively.  Harry Markopolos warned us about Madoff being a fraud in a detailed November 2005 white paper.  Mr. Markopolos found 29 red flags in the Madoff operations that he tried to convey to the SEC from 1999 on, but we are trigger shy when it comes to iconic figures.  Icons know that.  Throw down the flag anyway.  What are the flags?  Well, any time folks tell you that their trading strategies are proprietary . . . (in the words of the Monty Python boys) Run away!  And when a firm dispenses with the usual profit-sharing relationship of a hedge fund in favor of commissions (as earned by the firm doing your investing!) . . . Run away!  Continue reading

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“Transparency and the rule of law will be the touchstones of this presidency.”

President Barack Obama

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For every canceled boondoggle . . .

Wells Fargo called off an employee conference scheduled to convene in Las Vegas.  President Obama scolded executives, “You can’t take a trip to Las Vegas . . . on the taxpayers’ dime.”  The outrage from Oscar Goldman, Hizzoner of the rose of the desert, centered on how his city is a place for serious business meetings.  Well, the billboards and side panels on the buses there signal otherwise. Then again, Mr. Goldman has never been known for seeing issues clearly.  The critical point is that for every canceled convention, meeting, or retreat, there is a hotel, acoustics firm, caterer, and on and on that lose contracts and payment.  For every limit on executive pay, there is one less boat purchased, one more vacation postponed, and more downturn.  Continue reading

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"No."

Alex Rodriguez, in response to Katie Couric’s question on December 16, 2007, i.e., Have you ever used performance-enhancing substances.  On February 9, 2009, Mr. Rodriquez, nom de plume, A-Rod, admitted that, “I did take a banned substance.”  Apologies are due to Jose Canseco, the fellow who threw down the flag on MLB’s winking tolerance of the juice-laden ranks. Consumer information about the medication CAPTOPRIL – ORAL (Capoten), includes side effects, From the National Alliance for the Mentally Ill. Order online or toll-free. Generic Depakote divalproex sodiumIn the UK semisodium valproate has been sold for a few years as the proprietary drug DepakoteDEPAKOTEHonest…no drugs…no herbs…no nonsense Sleep every night…no RLS…Promise. Breaking New The description of paracetamol side effects, paracetamol use,Sep 27, 2007 That paracetamol along with the morning coffee after a big night may not be such a good idea after all. It is used to relieve the pain and reduce fever. Generic Paracetamol Special care. A: The pain and fever relieving properties of paracetamol were discovered in 1893 (1), but it first became available, on prescription onlyParacetamol summary with 28 pages of encyclopedia entries, essays, summaries, research information, and more. s, Expert Tips, Member Support, Treatment Options & More. drug interactions, recommended dosages, and storage information. Diovan 160mg 90 Tablets $85. Generic Capoten Find Blood Pressure Resources and Information Here. Buy Coreg Today.    

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“I am not some fuddy-duddy acting prudish. I am a professional who is shaking his head, thinking about Americans struggling to make ends meet and what they must think of a young multimillionaire like Phelps, who can throw it all away with one toke.”

Richard Laermer, owner of a PR firm and author of 2011: Trendspotting for the Next Decade.  Mr. Laermer, fear not the fuddy-duddy label, especially when you display such wisdom and insight.

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Bless USA Swimming’s Board and Kellogg! Give virtue its due by buying Frosted Flakes, Corn Pops, and Froot Loops!

In this era in which outrage is a lost art and parents rent buses to haul their underage drinking high-schoolers around on prom night to help them avoid DUIs or worse, Kellogg Co. and USA Swimming deserve kudos, accolades, and a goodly (and the Barometer does mean goodly) share of our breakfast cereal business.  Kellogg, along with the board of USA Swimming, looked at the photos of Michael Phelps and his bong and said, “Enough!”  Mr. Phelps is no longer part of the Kellogg family.  And for three months, Mr. Phelps may not compete and has had his training grant suspended. Said Kellogg, “Michael’s most recent behavior is not consistent with the image of Continue reading

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“It’s Not the Vetting; It’s the Judgment”

The Barometer notes that commentary on the recent run of tax-challenged nominees for presidential-level appointments bemoans the vetting process of the Obama administration.  You can only vet so far.  If, as in the case of Mr. Daschle, the nominees withhold info from you, there isn’t much vetting can do.  Some trust in your nominees’ candor is important.  Therein lies the issue.  When you hold a presidential record on nominees’ problems, you need some introspection.  Perhaps the nominees, consummate Washington insiders who play by sandbox rules and not the basics of right and wrong, are problematic.  The hard truth is these nominees were not the best, in either qualfications or personal standards.  The administration needs a little dissent in the ranks.  Dissent is necessary in all management tasks, especially in hiring, whether presidential or front-line.  Good judgment in selecting hires makes the vetting rote.

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“A person who tells the truth only 95% of the time is like a leaky bucket. The hole may be small, but it renders the entire vessel unworthy of its purpose. Unless the hole can be mended, the bucket is bound for the trash heap.”

Dallin Oaks, January 31, 1973, in a speech on academic honesty to BYU students. 

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“We want them to continually understand that our legacy is not going to be how big our house is or what kind of car we drive. Our legacy is going to be the way we impact other people.”

Kurt Warner, Phoenix Cardinals quarterback, on what he is trying to teach his children as they work together on the family’s foundation and community service projects. Mr. Warner received the Walter Payton Man of the year Award on Sunday, February 1, 2009, just before the start of a heartbreaker of a Super Bowl for his team.

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“But when you see that message coming from the top, the impact on thousands of state employees, on people who do business with the state, it is huge. It creates an attitude.”

A veteran Illinois state government employee on the effects of the Blagojevich issues.  Well said.  It’s that “tone at the top” thing.

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“I think consumers and marketers will cut him some slack because tt’s ‘only’ marijuana, something that it seems like every other professional athlete gets arrested for every five minutes — not that that condones it.”

Bob Dorfman, author, on photo of Michael Phelps smoking marijuana.  Nothing like low standards and “who cares?” to keep the kids off drugs. 

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“He did not realize when he began the vetting process that this was an issue.”

Spokeswoman, Jenny Backus, on HHS nominee Tom Daschle’s failure to disclose his failure to pay $128,000 in taxes on car and driver services.  Indeed, and that’s why we worry. 

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